Common Council

City of West Allis Meeting Minutes Common Council Mayor Dan Devine, Chair Alderperson Thomas G. Lajsic, Council President Alderpersons: Suzzette Grisham, Kevin Haass, Danna Kuehn, Thomas G. Lajsic, Rosalie L. Reinke, Daniel J. Roadt, Tracy Stefanski, Angelito Tenorio, Vincent Vitale, and Martin J. Weigel Tuesday, July 13, 2021 7:05 PM City Hall, Common Council Chambers 7525 W. Greenfield Avenue REGULAR MEETING A. CALL TO ORDER Mayor Devine called the meeting to order at 7:05 p.m. B. ROLL CALL Present 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Weigel Excused 1- Vitale C. PLEDGE OF ALLEGIANCE Ald. Roadt led the Pledge of Allegiance. D. PUBLIC HEARINGS Steve Schaer, Planning & Zoning Manager, gave an explanation for each public hearing item. 1. O-2021-0053 Ordinance to amend the Official West Allis Zoning Map by rezoning property located at 10200 W. National Ave. from C-4 Regional Commercial to C-3 Community Commercial. Sponsors: Safety and Development Committee, Alderperson Haass and Alderperson Reinke 2. R-2021-0400 Resolution relative to determination of an Application for a Special Use Permit for Cobalt Partners parking lot, a proposed parking lot, to be located at 23** S. 102nd St. 3. R-2021-0401 Resolution relative to determination of an Application for a Special Use Permit for a haunted house to be located within an existing commercial building (former Michael’s) located at 11135 W. National Ave. E. CITIZEN PARTICIPATION Monica Nelson, 5241 W. Morgan Ave., gave testimony regarding her Operator's License on this meeting's agenda. Ed Lisinski, 3364 S. 119th St, spoke about the West Allis/New Berlin Relay for Life Event. City of West Allis Page 1 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 F. ANNOUNCEMENT OF RECESS MEETINGS OF STANDING COMMITTEES Mayor Devine announced that the following Standing Committees would meet during recess: Administration & Finance, Public Works, Safety & Development, License & Health Committee and Advisory Committee. G. MAYOR'S REPORT Mayor Devine thanked City staff for helping organize the Independence Day Parade and thanked State Fair for letting the City use the grandstands for the fireworks. Two new businesses, Palette Natural Fruit and Layman Brewing held ribbon cuttings last week; he welcomed them both to the community. H. ALDERPERSON'S REPORT Ald. Weigel reminded everyone State Fair is just a few weeks away and there will be over one million visitors to our community. He asked citizens to take the time to make things look neat and make a good impression on our visitors. Ald. Haass stated earlier today, he and Ald. Reinke attended the HEAR WI grand opening of their new mobile audiology clinic. I. APPROVAL OF MINUTES 4. 2021-0546 Minutes (draft) of the June 23, 2021 Special Common Council meeting YouTube link: https://bit.ly/2TrKUZR Ald. Lajsic moved to approve this item, seconded by Ald. Stefanski, motion carried. J. STANDING COMMITTEE REPORTS LICENSE & HEALTH COMMITTEE 5. 2021-0518 Police Department Report regarding tavern violations/calls for service for the month of June 2021 Placed on File City of West Allis Page 2 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 6. 2021-0466 Renewal applications for certain licenses: public entertainment premise, manufactured/mobile homes, secondhand article/jewelry dealers and food peddlers Public Entertainment Premise *Cory Hundley, Incredi-Roll Skate & Family Fun Manufactured/Mobile Homes *Thaddeus Derynda, Mobile Estates of West Allis Secondhand Article Dealer *Nicole Fernhaber, As New Appliances *Michael Govas, Shorty’s Shooting Sports Secondhand Jewelry Dealer *Essam Rhmoun, JRS Jewelry *Marie Mesrobian, Mid-Continental Gem Imports Food Peddler *Hugo Ramirez, Taqueria la Costena *Mark Timber, Double B’s Barbeque Approved 7. 2021-0471 Original Class B Tavern License Application for Gene Jermaine Winters, Individual, d/b/a Persona Bar, located at 6404 W. National Avenue. Agent: Gene Jermaine Winters Approved 8. 2021-0473 Application for Temporary Class “B” / “Class B” Retailer’s (Picnic) License for St. Augustine Parish for the church festival located at 6762 W. Rogers St, on Saturday, August 28, 2021 Approved 9. 2021-0474 Class B Temporary Premise Extension request for Lo N Slow, LLC d/b/a Double B’s Barbeque, 7412 W. Greenfield Avenue, to extend the licensed premise into 7420 W. Greenfield Avenue, until such time that property sells and is under new ownership Approved as Amended 10. 2021-0484 Original Class B Tavern License Application for JD’s Pub LLC, d/b/a JD’s Pub & Grill, located at 6300 W. Lincoln Avenue. Agent: Joel D. Hoecherl Approved City of West Allis Page 3 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 11. 2021-0540 Class B Temporary Premise Extension request for John Starr Pickles LLC, d/b/a Broken Starr, 1100 S. 60th St, with one exception, from the proximity to residential premises requirement; establishment is less than 200 feet from a residential premise, for an event to be held on August 15, 2021 Approved City of West Allis Page 4 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 13. 2021-0486 Renewal Class A/B/C Alcohol and Public Entertainment License Applications CLASS A LIQUOR LICENSES Maria E Rupena Karczewski, Agent for Rupena's Inc, Class A Liquor license application for Rupena's Foods at 7641 W Beloit Rd. Chauhan K. Baljit, Agent for Red Diamond Inc, Class A Liquor license application for Super Bottle Depot at 1357 S 76 St. Guriqbal Singh Sra, Agent for Kwik Pantry 6716 LLC, Class A Liquor license application for Kwik Pantry at 6716 W Lincoln Ave. Mohinder S. Dhillon, Agent for Dhillon Beer & Liquor, Class A Liquor license application for Dhillon Beer & Liquor at 5832 W Burnham St. Tarlok Bhatia, Agent for Layton Food & Gas LLC, Class A Liquor license application for Becher Liquor & Beer at 2077 S 78 St. Jun G Xiao, Agent for New Asian Supermarket Inc, Class A Liquor license application for New Asian Supermarket at 10704 W Oklahoma Ave. CLASS B TAVERN AND PUBLIC ENTERTAINMENT LICENSES Pascual Ramos, Agent for El Sagitario BNC, Class B Tavern and Public Entertainment license application with DJ & patrons dancing for El Sagitario at 907 S 84 St. Jodie G. Hay, Agent for J Hay LLC, Class B Tavern and Public Entertainment license application with juke box, pool table, amusement machines & patrons dancing for Shamrox at 6851 W Beloit Rd. Claudia A. Martorano, Agent for Burnham Bowl, Class B Tavern and Public Entertainment license application with juke box, pool table, amusement machines, karaoke, patrons dancing & bowling for Burnham Bowl at 6016 W Burnham St. Jacob M. Silber, Agent for The Network, Class B Tavern and Public Entertainment license application with juke box, pool tables, amusement machines, patrons dancing & pull tabs for The Network at 9541 W Cleveland Ave. Tedrick Timmons, Agent for The Candle Company LLC, Class B Tavern (Wine Only) and Public Entertainment license application with poetry readings for The Candle Company at 8100 W National Ave. City of West Allis Page 5 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 Chezare Misko, Agent for Wisconsin Athletic Club LLC, Class B Tavern and Public Entertainment license application with a DJ for the Wisconsin Athletic Club at 1939 S 108 St. CLASS B BEER & CLASS C WINE LICENSE Landi Feto, Agent for Andrea’s Pizza Restaurant, Class B Beer and Class C Wine license application for Andrea’s Pizza Restaurant at 7520 W. Oklahoma Ave. CLASS B TAVERN LICENSES Thanh Nguyen, Agent for the Phosaigon VN LLC, Class B Tavern license application for Pho Saigon at 10534 W Greenfield Ave. Hugo Ramirez-Hernandez, Agent for the La Costena Cafe, Class B Tavern license application for La Costena Cafe at 5823 W Burnham St. Juan M. Ortiz, Agent for Chilango Express LLC, Class B Tavern license application for Chilango Express at 7030 W Lincoln Ave. Cindy Sobczak, Agent for Sobczak & Sitowski LLC, Class B Tavern license application for Steakhouse 100 at 7246 W Greenfield Ave. John M. Baker, Agent for B2 Binary, Class B Tavern license application for Binary: Games, Food & Spirits at 9105 W Lincoln Ave. Alice Yan, Agent for Allis Pagoda LLC, Class B Tavern license application for Bamboo House at 2837 S 108 St. CLASS B TAVERN LICENSES WITH NEW OR CHANGES TO PUBLIC ENTERTAINMENT LICENSE Peter G Agnos, Agent for 84th Street Classic Café, Class B Tavern and Public Entertainment license application with amusement machines (new) for 84th Street Classic Café at 1650 S 84 St. John Ralph Starr, Agent for John Starr Pickles LLC, Class B Tavern and Public Entertainment license application with juke box (new), pool tables (new), amusement machines (new), bands (new) and patrons dancing for Broken Starr Saloon at 1100 S 60th St. Robert Lee Anderson, Agent for Stallywood LLC, Class B Tavern and Public Entertainment license application with DJ (new), patrons dancing & instrumental music for Stallywood at 6827 W National Ave. City of West Allis Page 6 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 Approved 14. 2021-0524 Application for a new Secondhand Article Dealer, for Jerri & Brad Landry, d/b/a The Weathered Shed, located at 10236 W National Ave. Approved 15. 2021-0531 2021-2023 Renewal Operator’s License (Bartender/Sales Clerk) application for Justin Kolvenbach Approved 16. 2021-0532 2021-2023 Renewal Operator’s License (Bartender/Sales Clerk) application for Jose Frandsen Approved 17. 2021-0533 2021-2023 Renewal Operator’s License (Bartender/Sales Clerk) application for Crystal Robinson Approved 18. 2021-0534 2021-2023 Renewal Operator’s License (Bartender/Sales Clerk) application for Alexandra Lindemann Approved 19. 2021-0535 2021-2023 Renewal Operator’s License (Bartender/Sales Clerk) application for Katharina Larson Approved Passed The Block Vote Ald. Grisham moved to approve the action on items #5 - #11, #13 and #19 on a block vote, seconded by Ald. Stefanski, motion carried. 12. 2021-0485 Notice of Non-Renewal of the Class B Liquor & Malt Licenses for R&K Entertainment Enterprises, LLC, d/b/a Slurp-N-Burp Fun Bar, Robert Lucas, Agent at 1454 S. 92 St. Referred to the License and Health Committee 20. 2021-0536 2021-2023 New Operator’s License (Bartender/Sales Clerk) application for Monica Nelson Ald. Grisham moved to approve this items, seconded by Ald. Stefanski, motion carried by the following vote: Aye: 6- Grisham, Kuehn, Lajsic, Stefanski, Tenorio, and Weigel No: 3- Haass, Reinke, and Roadt K. ITEMS NOT REFERRED TO COMMITTEE (CONSENT AGENDA) 21. R-2021-0381 Resolution declaring the 30th Annual Classic Car show scheduled for Sunday, October 3, 2021 as a Community Event Sponsors: Alderperson Lajsic Adopted City of West Allis Page 7 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 22. R-2021-0382 Resolution declaring the West Allis Downtown Fair Food Crawl scheduled for Wednesday, August 4, 2021 as a Community Event Sponsors: Alderperson Lajsic Adopted 23. 2021-0492 Downtown West Allis Business Improvement District (BID) requesting street closures of West Greenfield Ave., from 5:00 a.m. to 6:00 p.m., use of the City Hall parking lots for registration, parking restrictions, the use of signs and supplies from the Department of Public Works, and additional Police presence for their 30th Annual Classic Car Show on Sunday, October 3, 2021 Approved 24. 2021-0435 Report of the Municipal Judge for the month of May 2021, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $129,327.70 Placed on File 25. 2021-0465 Claim by Benjamin Riche regarding damage to residential property, garage and vehicle on March 18, 2021 at 6604 W. Revere Pl. Referred to City Attorney 26. 2021-0468 Summons and Complaint of TVC Mortgage Trust 2020-RTL1 by US Bank Trust National Association, not in its individual capacity but solely as Owner Trustee, vs. MTK Investments, Jacob Schuyler and the City of West Allis regarding mortgage foreclosure. Case no. 2021CV003553 Referred to City Attorney 27. 2021-0483 Claim by Katrina Johnson regarding damage to vehicle on June 25, 2021 at S. 81st between Orchard and Greenfield Referred to City Attorney 28. 2021-0512 Claim by Dusan Dragisich for a violation of federal law under 28 U.S.C § 1331 Referred to City Attorney 29. 2021-0541 Claim by Tristan Hoefler regarding damage to residential property on May 27, 2021 at 1232 S. 72 St. Referred to City Attorney 30. 2021-0517 Finance Director/Comptroller submitting report for June 2021 indicating City of West Allis checks issued in the amount of $3,574,146.32 Placed on File. Passed The Block Vote Ald. Lajsic moved to approve the action on Consent Agenda items #21 - #30 on a consent vote, seconded by Ald. Stefanski, motion carried. City of West Allis Page 8 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 L. COMMON COUNCIL RECESS Ald. Lajsic moved that the Council recess until completion of the Standing Committee meetings, seconded by Ald. Kuehn, motion carried. The Council recessed at 8:00 p.m. and returned at 8:22 p.m. Roll Call was taken and the following were present: Present 9 - Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Weigel Excused 1- Vitale M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE New Matters for Introduction 31. O-2021-0051 Ordinance to amend the City of West Allis salary schedule creating the Senior Center Coordinator and Supply Chain Purchasing Manager positions Sponsors: Alderperson Lajsic and Alderperson Haass Committee Action: Lajsic/Tenorio approve. Council Action: Passed 32. R-2021-0376 Resolution authorizing the issuance and establishing parameters for the sale of not to exceed $6,335,000 taxable general obligation refunding bonds, series 2021A Committee Action: Weigel/Tenorio approve. Council Action: Adopted 33. R-2021-0385 Resolution to remove damaged television recycling fee Committee Action: Lajsic/Kuehn approve. Council Action: Adopted 34. R-2021-0390 Resolution to consider an amendment to the Business Growth Working Capital Loan with Schlinger, 2000 LLC Sponsors: Administration and Finance Committee Committee Action: Tenorio/Lajsic approve. Council Action: Adopted 35. R-2021-0397 Resolution approving the terms & conditions for an Economic Development Loan to Flour Girl & Flame, LLC d/b/a Flour Girl & Flame, under the National Avenue Commercial Corridor InStore Forgivable Loan Program in an amount up to $50,000 Sponsors: Administration and Finance Committee Committee Action: Kuehn/Tenorio approve. Council Action: Adopted 36. R-2021-0398 Resolution to consider a six-month Economic Development Loan deferment for Lula Mae Aesthetic Boutique, LLC Sponsors: Administration and Finance Committee Committee Action: Kuehn/Tenorio approve. Council Action: Adopted City of West Allis Page 9 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 38. R-2021-0404 Resolution to amend the Solid Waste Fund budget to facilitate the purchase of additional refuse carts Committee Action: Lajsic/Tenorio approve. Council Action: Adopted 39. R-2021-0415 Resolution to authorize the purchase of Firefighting Apparatus (Pumping Engine) for a total sum of $684,997 Committee Action: Lajsic/Tenorio approve. Council Action: Adopted 40. 2021-0469 West Allis Professional Firefighter’s Association, Local 342, IAFF request to open contract negotiations Held 41. 2021-0490 West Allis Professional Police Association request to open contract negotiations Held Passed The Block Vote Committee Action: Kuehn/Lajsic adjourn recess meeting. Ald. Roadt moved to approve the actions on items #31 - #36 and #38 - $41on a block vote, seconded by Ald. Stefanski. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Weigel No: 0 37. R-2021-0399 Resolution amending the terms and conditions for an Economic Development Loan with Westallion Brewing Company, LLC Sponsors: Administration and Finance Committee Committee Action: Tenorio/Weigel approve. Ald. Lajsic moved to adopt this item. The motion carried by the following vote: Aye: 8- Grisham, Haass, Kuehn, Lajsic, Reinke, Stefanski, Tenorio, and Weigel No: 1- Roadt PUBLIC WORKS COMMITTEE New Matters for Introduction 42. R-2021-0363 Resolution constituting a Relocation Order, pursuant to secs. 62.22 and 32.05(1) of the Wisconsin Statutes, for the laying out, relocation and improvement of W. Beloit Rd. from S. 60th St. to W. Lincoln Ave. Sponsors: Public Works Committee Committee Action: Reinke/Grisham approve. Council Action: Adopted City of West Allis Page 10 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 43. R-2021-0364 Resolution constituting a Relocation Order, pursuant to secs. 62.22 and 32.05(1) of the Wisconsin Statutes, for the laying out, relocation and improvement of W. National Ave. from S. 62nd St. to S. 65th St Sponsors: Public Works Committee Committee Action: Stefanski/Grisham approve. Council Action: Adopted 44. R-2021-0377 Resolution authorizing the City Engineer to amend an existing contract with Single Source, Inc. for real estate consulting services related to the WisDOT reconstruction projects on Beloit Rd. and National Ave. for an amount not to exceed $172,000 Sponsors: Public Works Committee Committee Action: Grisham/Reinke approve. Council Action: Adopted 45. R-2021-0386 Resolution adopting a State Trail Connector Easement with the Wisconsin Department of Natural Resources for the construction of a paved connection between the north limits of S. 72 St. and the Hank Aaron State Trail Sponsors: Public Works Committee Committee Action: Stefanski/Reinke approve. Council Action: Adopted Passed The Block Vote Committee Action: Stefanski/Grisham adjourn recess meeting. Ald. Roadt moved to approve all actions on items #42 - #45 on a block vote. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE Public Hearing Items (Safety & Development Committee) 46. O-2021-0053 Ordinance to amend the Official West Allis Zoning Map by rezoning property located at 10200 W. National Ave. from C-4 Regional Commercial to C-3 Community Commercial. Sponsors: Safety and Development Committee, Alderperson Haass and Alderperson Reinke Passed 47. R-2021-0401 Resolution relative to determination of an Application for a Special Use Permit for a haunted house to be located within an existing commercial building (former Michael’s) located at 11135 W. National Ave. Adopted New Matters for Introduction City of West Allis Page 11 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 48. R-2021-0400 Resolution relative to determination of an Application for a Special Use Permit for Cobalt Partners parking lot, a proposed parking lot, to be located at 23** S. 102nd St. Adopted 49. R-2021-0402 Resolution approving a Certified Survey Map to split the existing parcel located at 27** S. Waukesha Rd. into two parcels, submitted by Jarrod Barber, Claire Childre, Rebecca Childre and Cory Kannenberg (Tax Key No. 521-9937-002) Sponsors: Safety and Development Committee Adopted 51. R-2021-0412 Resolution relative to consider a proposed Third Amendment to the Development Agreement between the City of West Allis and Cobalt Partners LLC, Tax Incremental District 16, within the S. 70 St. Corridor (West Quarter) Adopted Passed The Block Vote Committee Action: Kuehn/Tenorio adjourn recess meeting. Ald. Lajsic moved to approve all actions on items #46 - #49 and #51 on a block vote. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Weigel No: 0 50. R-2021-0409 Resolution to approve a Limited Guaranty Agreement between the City of West Allis and Waukesha State Bank on behalf of Cobalt Partners, Inc and/or an affiliate entity for the construction of a Home 2 Suites Hotel within Tax Incremental District 16, within the S. 70th Street Corridor (Allis Yards) redevelopment area Committee Action: Weigel/Kuehn adjourn recess meeting. Ald. Lajsic moved to adopt this item. The motion carried by the following vote: Aye: 7- Grisham, Haass, Kuehn, Lajsic, Reinke, Tenorio, and Weigel No: 2- Roadt, and Stefanski LICENSE & HEALTH COMMITTEE City of West Allis Page 12 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 12. 2021-0485 Notice of Non-Renewal of the Class B Liquor & Malt Licenses for R&K Entertainment Enterprises, LLC, d/b/a Slurp-N-Burp Fun Bar, Robert Lucas, Agent at 1454 S. 92 St. Committee Action: Stefanski/Grisham adjourn recess meeting. Ald. Grisham moved to approve this item as amended, that the license not be issued until the Department of Revenue notifies the City that the Seller's Permit requirement has been satisfied, seconded by Ald. Stefanski, motion carried. ADVISORY COMMITTEE New Matters for Introduction 53. 2021-0537 Appointment by Mayor Devine to the West Allis Administrative Appeals Review Board of Ald. Martin Weigel; term to expire June 30, 2023 Committee Action: Grisham/Stefanski approve. Stefanski/Grisham adjourn recess meeting. Ald. Reinke moved to approve this matter. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Weigel No: 0 N. ADJOURNMENT Ald. Lajsic moved to adjourn at 8:27 p.m, seconded by Ald. Kuehn, motion carried. Next schduled meeting is August 3, 2021 at 7:00 p.m. City of West Allis Page 13 Printed on 8/4/2021 Common Council Meeting Minutes July 13, 2021 All meetings of the {bdName} are public meetings. In order for the general public to make comments at the committee meetings, the individual(s) must be scheduled (as an appearance) with the chair of the committee or the appropriate staff contact; otherwise, the meeting of the committee is a working session for the committee itself, and discussion by those in attendance is limited to committee members, the mayor, other alderpersons, staff and others that may be a party to the matter being discussed. NON-DISCRIMINATION STATEMENT The City of West Allis does not discriminate against individuals on the basis of race, color, religion, age, marital or veterans' status, sex, national origin, disability or any other legally protected status in the admission or access to, or treatment or employment in, its services, programs or activities. AMERICANS WITH DISABILITIES ACT NOTICE Upon reasonable notice the City will furnish appropriate auxiliary aids and services when necessary to afford individuals with disabilities an equal opportunity to participate in and to enjoy the benefits of a service, program or activity provided by the City. LIMITED ENGLISH PROFICIENCY STATEMENT It is the policy of the City of West Allis to provide language access services to populations of persons with Limited English Proficiency (LEP) who are eligible to be served or likely to be directly affected by our programs. Such services will be focused on providing meaningful access to our programs, services and/or benefits. City of West Allis Page 14 Printed on 8/4/2021